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Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....ever. 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ j..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Division disposing a batch of writ petitions including Writ Petition No.1468 of 2002 of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs and ors. 1988, 40 DLR (AD) 170. 7. It is not disputed that the petitioner got a license being No.8093 dated 30.10.92 for holding arms. He also a..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....lding inasmuch as there are consistent evidences both oral and documentary, available on record to corroborate the landlord's bona fide requirement of the suit premises. Moreover, I find that the disputed suit shop is situated at 34, Siddeswari New Circular Road, Police Station Ramna, Dis­tr..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....herefore, depositing 50% of the face value of the dishonoured cheque cannot be said to be illegal in case of a pend­ing ease ended up in conviction and sentence. 12. It is contended that the disputed amendments shall apply prospectively and not retrospectively. 13. It is now well settl..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

.... Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court tryin..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....terest of public may have some substance which is apparently a subject matter of Inter Ministerial act of the Government. In the summary proceeding under Article 102 it is not possible to decide such disputed question of facts. 15. Consequently, the rule is discharged without any order as to cost..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)

....ent and order of the High Court Division dated 24-5-2005 passed in Writ Petition No.2561 of2005. 2. From the Respondents’ (Respondent Nos.1-3) side identity of the appellant was seri­ously disputed stating that the appellant is a ficti­tious person and somebody else by fabricating paper..

Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....the petitioner was entitled to credit the input VAT that it paid at the time of import of the materials, spares and goods for expansion of the capacity of the furnace of its plant. 19. It is not disputed that the petitioner has got a plant for manufacture of glass containers, glass bulb shells,..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....s having not been done by her; it is difficult for a man of ordinary prudence to hold that she got constructive possession of the case property on the basis of the oral gift dated 14.12.1970. It is undisputed that the Indian High Commission did not attorn her as its landlady, rather the High Commiss..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....rt. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ J..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....that the plan for construction of the building admittedly exceeds 60 feet, the maximum limit permissible by the law. Moreover, though show cause notices are vital in the cases moreso, where there are disputed questions of fact, but in the present case, there is no disputed question of fact. On the c..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....e came to the age of marriage, got married with the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the plaintiff and other relations requested to gift some por­tion of the disputed land in favour of the plain­tiff to run his family and accordingly the fa­ther of the p..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....applications have been filed in the Court and marked as Exhibits D-D1. Mr. Khan submits that the story of Will that has been subsequently brought in by the plaintiffs that Bastullah Shaikh gifted the disputed property in favour of the plaintiffs by the Will in the year 1968 and for arguments sake if..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....Plot No.893 and constructed 2(two) tin shed house and are leaving therein with his family members. Said Mohammad Gazi died on 15th December, 1997 leaving behind the petitioner as his legal heirs. The disputed Plot No.893 is situated to the contiguous northwest corner of the existing Thana complex. S..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....doned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant." 6. The learned Counsel lastly submits that the concerned authori..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

....ourt. When any order is passed by the Court of Subordinate Judge, such order cannot be protected in the face of an appropriate order passed by the Court of Additional District Judge." It is no.1 disputed that a suit if filed against infringement of trade mark, it lies before the learned Distric..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

...." 11. In Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120 it has been laid down: "In the absence of any material to show, that the lessees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such lessees can..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

.....1-5 to show cause as to why the Order dated 09-05-2001 passed by the learned Subordinate Judge, Third Court, Dhaka in Title Suit No.138 of 1991 rejecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or o..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....d to adduce any evidence in this re­spect. 30. Next we see how far the petitioner has succeeded to prove that Fakuram Hazra had two brothers namely Dhaneswar and Laba Krisha Hazra. It is not disputed that peti­tioner, Nonigopal, opposite party No.3, Tatul Hazra, and opposite party No.4,..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.... appearing for the appellant (in Criminal Appeal No.3186 of 2005) submits that the Tribunal on consideration of the fact that victim Jannatun Nur Popy was minor upon calculation of her age from her undisputed date of birth on 20.5.1989 on the basis of school certificate and Registration Card of the ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6